Ohio Code 5104.0111 – Director of job and family services; duties
(A) The director of job and family services shall do all of the following:
Terms Used In Ohio Code 5104.0111
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child: includes an infant, toddler, preschool-age child, or school-age child. See Ohio Code 5104.01
- Child care: means all of the following:
(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
(2) By persons other than their parents, guardians, or custodians;
(3) For part of the twenty-four-hour day;
(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;
(5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104. See Ohio Code 5104.01
- In-home aide: means a person who does not reside with the child but provides care in the child's home and is certified by a county director of job and family services pursuant to section 5104. See Ohio Code 5104.01
- Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
- Licensee: means the owner of a child care center, type A family child care home, or type B family child care home that is licensed pursuant to this chapter and who is responsible for ensuring compliance with this chapter and rules adopted pursuant to this chapter. See Ohio Code 5104.01
- Rule: includes regulation. See Ohio Code 1.59
- Serious risk noncompliance: means a licensure or certification rule violation that leads to a great risk of harm to, or death of, a child, and is observable, not inferable. See Ohio Code 5104.01
(1) Provide or make available in either paper or electronic form to each licensee notice of proposed rules governing the licensure of child care centers, type A homes, and type B homes;
(2) Give public notice of hearings regarding the proposed rules at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code;
(3) At least thirty days before the effective date of a rule, provide, in either paper or electronic form, a copy of the adopted rule to each licensee;
(4) Send to each county director of job and family services a notice of proposed rules governing the certification of in-home aides that includes an internet web site address where the proposed rules can be viewed;
(5) Provide to each county director of job and family services an electronic copy of each adopted rule at least forty-five days prior to the rule’s effective date;
(6) Review all rules adopted pursuant to this chapter at least once every seven years.
(B) The county director of job and family services shall provide or make available in either paper or electronic form to each in-home aide copies of proposed rules and shall give public notice of hearings regarding the rules to each in-home aide at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code. At least thirty days before the effective date of a rule, the county director of job and family services shall provide, in either paper or electronic form, copies of the adopted rule to each in-home aide.
(C) Additional copies of proposed and adopted rules shall be made available by the director of job and family services to the public on request at no charge.
(D) The director of job and family services may adopt rules in accordance with Chapter 119 of the Revised Code for imposing sanctions on persons and entities that are licensed or certified under this chapter. Sanctions may be imposed only for an action or omission that constitutes a serious risk noncompliance. The sanctions imposed shall be based on the scope and severity of the violations.
The director shall make a dispute resolution process available for the implementation of sanctions. The process may include an opportunity for appeal pursuant to Chapter 119 of the Revised Code.
(E) The director of job and family services shall adopt rules in accordance with Chapter 119 of the Revised Code that establish standards for the training of individuals who inspect or investigate type B family child care homes pursuant to section 5104.03 of the Revised Code. The department shall provide training in accordance with those standards for individuals in the categories described in this division.
Last updated August 28, 2023 at 1:02 PM